The duty to preserve documents

User Generated

Oevggnal08sberire

Business Finance

Description

Answer the following questions. Please make sure you support your answers. A “Yes” or “No” answer without supporting information will not be counted for credit.


1. What is the duty to preserve documents?
2. Has the introduction of electronically stored documents changed the duty to preserve documents?
3. Define spoliation and give at least four examples.
4. Does an attorney have a duty to learn about the issues in e-discovery? If so, why?
5. How has technology changed the concept of competence for lawyers?
6. What is the obligation of a litigation team to protect the confidences of clients?
7. What are the ethical issues in protecting confidential or privileged information in an age of electronic documents

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Explanation & Answer

Attached.

OUTLINE

1. INTRODUCTION
2. BODY
3. CONCLUSION
4. REFERENCE


Running head: LAW

1

Law Questions
Name
Institutional Affiliation
Instructor
Date

LAW

2
Question 1
The duty to preserve documents is a constant commitment, from the moment the court

proceedings become rationally contemplated until the conclusion of the case, through
compromise, settlement or judgment.
Question 2
No. When realistically predicted that action would get filed, every party must have the
duty to preserve the possibly relevant document. Furthermore, the evidence or report
incorporates information, including not only the hard copy but also the electronically kept data
on a given medium and electronic format.
Question 3
Spoliation, from a legitimate perspective, is any action, which renders the possible
evidence worthless, either deliberately or even through negligence.
Some examples include; first if Jer...


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